Terms & Conditions

Terms and
Conditions and Applicable Parties
These Terms and Conditions are made between Kiwi Internet & IT Internet
Services Limited (“Kiwi Internet & IT” or “we” or “our”) and the user of Kiwi
Internet & IT services (the “customer “or “you” or “your”). We reserve the right to amend these conditions
from time to time and will normally post, on our website, any amended terms at
least 15 days prior to their taking effect.

These Terms and
Conditions replace all previous Terms and Conditions, including those contained
in any document used by you and purporting to have contractual effect, and
apply for services to both existing customers and new customers. By
using our services Kiwi Internet & IT you are deemed to have accepted these
terms and conditions and they apply as of the date of your application for
Services. Further Terms and Conditions
that apply specifically to services such as VoIP, web hosting, domain registration,
domain hosting, broadband, email, and server hosting can be found under each of
those headings.

If you are a using our
services for business purposes you agree that provisions of the Consumers
Guarantees Act 1993 do not apply to the full extent permitted by law.

This agreement and the
relationships between the parties shall be governed by the laws of New Zealand.

Applicable
Parties

You may not transfer this agreement without our prior written consent. We have the right to transfer our rights and obligations under this agreement without your consent.

Our Services
We are not obliged to provide services unless we accept your application. We
can decide whether or not to accept any application.

Kiwi Internet & IT
aims to provide you with the highest quality of services. Due to the nature of
IT, these services may be interrupted from time to time due to planned or unplanned
maintenance, equipment failures and other factors which may or may not be
within our control. We will endeavour to notify you of any planned maintenance
on our website (www.Kiwi Internet & IT.co.nz) but this may not always be
possible where critical issues arise. We
also use some external services e.g. Vocus broadband networks, and have no
control over their equipment and services. In the event of service failure, we will
endeavour to restore services as quickly as possible and to minimise disruption
to customers.

We reserve the right to
change our rates from time to time and if we increase any rates, we will give
you as much notice as reasonably possible.

Customer
Responsibilities
Customers agree to comply with all applicable laws and regulations of New
Zealand It is your responsibility to
ensure such compliance. Your use of our services must be for lawful
purposes only.

Services must not be
used for activities that are unlawful, antisocial, pornographic or similarly
distasteful in nature or for spamming or sending of unsolicited email including
sending to email addresses maintained by Kiwi Internet & IT; or breach of
copyright owned by another. Breach of
these provisions may result in suspension and/ or termination of services. Kiwi
Internet & IT will be the sole arbiter of what constitutes a violation of
these provisions.

Customers must ensure
that contact information provided to us is correct and up-to-date and maintain
confidentiality of any username and passwords provided.

They shall remain in
force until either Kiwi Internet & IT or the customer notifies the other in
writing (including by e-mail) of intent to terminate agreement.

Prices

Prices do not include
software. Any software that is provided
by Kiwi Internet & IT to give access remains the property of the software’s
owners and the customer is responsible for any fees or donations asked for by
the software’s owner. Payment to Kiwi
Internet & IT for your account must be paid in advance.

Payment
The customer agrees to pay for services set up with Kiwi Internet & IT,
whether directly or through a third party, regardless of whether these services
are used or not. Details of account
charges and contract periods are as displayed on the website or agreed expressly
with Kiwi Internet & IT, and may be subject to change by Kiwi Internet
& IT.

All accounts must be setup with direct debit or credit
card. If a credit card is provided to pay for the initial invoice, this will be
used for payment until a direct
debit is setup. Credit card payments will include a $2 or 2.33% bank fee.

Payment is due according to the terms stated on the
invoice, paid in New Zealand Dollars. Return of cheques by the bank may incur a
fee of $30. Accounts unpaid within the payment terms may be suspended and/or
terminated by Kiwi Internet & IT immediately at Kiwi Internet & IT’s
discretion.

Overdue accounts may be subject to a late payment fee of
$25+GST and interest charge of 1.5% /month on the outstanding balance. Special
arrangements for business customers to pay by the 20th of the following month
may be available.

Costs incurred on collection of any overdue debts,
including legal and debt recovery costs on a solicitor and client basis, are
fully payable by the customer.

Payment for services is normally in advance, unless agreed in writing with Kiwi
Internet & IT. Payment terms are displayed on the Kiwi Internet & IT
website.

Invoices and statements are normally sent by email.
Customer may request post only but an extra postage and handling charge
(currently $1.00 / invoice or statement) may apply in this case.

Excess usage charges incurred are fully payable by the
customer by the due invoice date. This includes any charges arising through
virus or other third-party attack on customer equipment and misuse by customers
or their employees. Any query regarding excess time or data charges must be
made within 7 days of the receipt of the invoice. Kiwi Internet & IT
Servers reserves the right to limit their exposure to the user by suspending
the account until the full amount is paid. The time in suspension is not
deducted from the following months subscribed time.

Broadband new connection and disconnection fees are on
charged that we receive from our up-streamer and are fully payable.

Charges are normally exclusive of GST unless otherwise
specified.

Termination of Services
Customers may terminate their account by notice in writing to Kiwi Internet
& IT or by email to accounts@Kiwi Internet & IT.net.nz. 1 months’
notice of cancellation is required and accounts may not be terminated during
the period of any fixed contract term. (Consider:
cancellation during a fixed term does not release you from paying for the
balance of the fixed term whether you use the Services or not.)All charges
incurred to the date of cancellation (or expiry of the fixed term) are payable
by the customer.

Kiwi Internet & IT
reserves the right to suspend and/ or terminate an account for breach of these
terms and conditions. Kiwi Internet & IT may also terminate services with a
customer by normally providing 7 calendar days’ notice of cancellation or is
there is a breach of Terms and Conditions Kiwi Internet & IT may suspend or
terminate services immediately.

Upon termination all
data relating to the customer stored on Kiwi Internet & IT equipment will
be deleted at a time of choosing by Kiwi Internet & IT.

Compatibility
Kiwi Internet & IT warrants that its communications software conforms to
established telecommunications industry protocols, and should be compatible
with most off-the-shelf consumer communications software. Kiwi Internet &
IT disclaims any express or implied warranty with respect to the performance,
capacity, merchantability, or other compatibility issues of its hardware and
software products and services.

Kiwi Internet & ITIndemnification
The customer assumes liability for and hereafter agrees to hold Kiwi Internet
& IT harmless, its employees, agents, officers and directors from all
claims for lost profits, punitive or other adjudicated damages, expenses, including
reasonable legal fees, incurred from usage of any service provided by with Kiwi
Internet & IT. Kiwi Internet &
IT does NOT WARRANT that services will be without interruptions or errors. Kiwi Internet & IT will not accept any
responsibility for costs, damage, disruption or inconvenience from any services
disruption or complete loss of service or data (including loss of email and
website data), nor from computer virus (and similar malicious programmes,
including spam), and is not liable for any associated telecommunications, equipment
or software charges. Any data stored on Kiwi
Internet & IT equipment is stored at the customers own risk and no
responsibility will be taken for loss or damage to the data.

Fixed Contract Periods and Change of Account Type
Fixed contract accounts provide a discount for a customer’s commitment to Kiwi Internet & IT. In the event of a customer wanting to change
the type of account to a higher/ more expensive Kiwi Internet & IT account,
any unused time (minimum 7 days remaining) on the old account will be offset
against the costs of new account. No credits are available for conversion to a
lower level of Service.

Support
Kiwi Internet & IT will normally provide a telephone support service during
normal business hours (subject to specific account conditions). On busy and holiday periods, there may be a
delay in answering calls or returning voice messages. This telephone support is for queries relating
to the services provided by Kiwi Internet & IT, and not to general IT/ PC
problems. An after-hours service for
urgent technical queries may also be available, but is not guaranteed. Kiwi
Internet & IT will endeavour to return customer queries left on voice
messages at the earliest opportunity next working day. Queries can also be sent
to support@kiwiinternet.net.nz

On some occasions Kiwi Internet & IT may suggest referring an issue to a
third party IT consultant or technician, if the help desk is unable to assist
further. Kiwi Internet & IT is not liable
for any work carried out by a third party technician and all billing should be
agreed directly with the technician and paid directly to them.

Service Terms and Conditions

Broadband Internet
Broadband speed is not greatly determined or influenced by Kiwi Internet &
IT equipment. All broadband speeds affected by your geographic location to your local
exchange or cabinet, and potentially your home wiring, or modem.

Domain Names
Kiwi Internet & IT acts a reseller for some domain registrars. Kiwi Internet & IT will invoice the
customer for the domain or domain renewal in advance. Payment is due before the expiry of the
domain. If payment is not received into
the bank account of Kiwi Internet & IT by the due date, Kiwi Internet &
IT may choose to cancel the domain. Kiwi
Internet & IT accepts no responsibility for any loss arising from the
cancellation. Any reinstatement of the
domain is subject to reinstatement and administration charges, payable in
advance. Kiwi Internet & IT reserves the right to refuse to act as a
reseller in certain cases.

Email
Kiwi Internet & IT’s mail servers are currently fast, reliable and
efficient. We can maintain that level of
Service only by effective management of email. The mail servers are configured to allow up to
at least 20 megabyte emails to be sent or received at any time. Total mail box space should be kept under 40
megabytes at all times. If your mailbox
exceeds 40 megabytes or your unread mail has resided there for more than 60
days, Kiwi Internet & IT reserves the right to remove it in the interests
of good mail management.

Kiwi Internet & IT
operates a spam and virus filtering service for email intended to remove spam
and virus attachments. Whilst we
endeavour to make this as efficient and effective as possible, spam and virus
mails may still get to the customer and, on rare occasions, valid emails may
also be blocked/ deleted by the filters. Kiwi Internet & IT recommends customers
use their own anti-virus and firewall systems to help provide further
protection.

Web Hosting
Web Hosting is billed as per our website pricing, normally monthly or quarterly
in advance unless otherwise arranged in writing with Kiwi Internet & IT. If the account is not paid within the terms of
the invoice, Kiwi Internet & IT reserves the right to remove access and
disable the web site. Continued non-payment
of the account may result in complete termination of web hosting and deletion
of all customer data.

The author of each web site is “the publisher”. Kiwi Internet & IT does not moderate and
takes no responsibility for the actions of the publishers. , Kiwi Internet
& IT reserves the right to suspend or delete any site that is not compliant
with the applicable laws of New Zealand and may do so at its sole discretion.

Kiwi Internet & IT
does not provide backup of customer websites and databases as part of its
normal web hosting services and it is the responsibility of website owners to
keep copies of all data stored on their sites in the event of data corruption
or deletion whether by the customer or Kiwi Internet & IT.

Ecommerce sites
operated by customers are operated at the sole risk of the customer and Kiwi
Internet & IT does not warrant that services will be free from
interruption. Data stored on websites and associated databases is fully at the
risk of the customer.

VOIP Services

You understand that the VOIP service is not a traditional phone service and is
provided on a best efforts basis. We
will use all reasonable endeavours to make our services available to you at all
times, however things beyond on control such as power outages or the
performance of your internet connection may disrupt the service we provide.

You accept that our
services are not required to support emergency calls.

You accept that Kiwi
Internet & IT VOIP might not be compatible with non-voice communications
equipment such as home alarms, fax machines, Sky Digital and St John Alarms.

Any phone number that
we allocate to you does not become your property and does not constitute any
transfer of property rights.

If we need to change
your number we will send you notification by email and give you as much notice
as possible.

We can withdraw or
terminate any number at any time without liability, particularly if you do not
comply with the instructions for use.

Kiwi Internet & IT
retains ownership of all VOIP phone lines until the final bill is settled. Kiwi
Internet & IT will then transfer control
of the number to you so you can port the number to another service provider.

Once control has been transferred, you may be able
to port your Kiwi Internet & IT number to another service provider. If you wish to do so you must contact the
other service provider directly and you will be responsible for completing the
porting requirements of that service provider. We will comply with our obligations under the
Terms for Local and Mobile Number Portability in relation to the porting of
your number. You will be responsible for
all costs associated with porting the number.

If your account is
inactive for more than 6 months or disconnected, and you have not ported the
associated phone number(s), we may at our sole discretion reallocate the
numbers associated with your account.

We exclude all of our
liability to you in connection with us providing services to you or failing to
provide services to you. Without limiting this, we are not liable to you (and
nor are any of our officers, employees, contractors or agents liable to you):

i) if any communication
is intercepted, not properly transmitted or received;
ii) for any disruptions or delays with the use of our services;
iii) for any incompatibility with other services;
iv) if any software we supply does not operate properly; and
v) for any equipment or network failures.

We are not liable to
you for any fault in, delay or non-provision of services which is caused by an
event beyond our reasonable control.

We are not liable for
cost of calls if you login/access details have been used by a 3rd party with or
without your control. All call costs in the instance of a 3rd party accessing
your login credentials are liable to you, the customer of Kiwi Internet &
IT.

We are not liable for
cost of calls if you own SIP PABX or other SIP device has been hacked or
compromised by a third party with or without your control. All call costs in
the instance of a third party accessing your SIP PABX or other SIP device are
liable to you, the customer of Kiwi Internet & IT.

If you use another
service provider during any period when our service is not fully operational,
we are not liable to pay any amount you are charged by that service provider.

You acknowledge that no
third party whose network or services we use to supply services to you (nor any
officer, employee, contractor or agent of such third party) is in any way
liable to you in connection with our services.

Third Party Software
Kiwi Internet & IT provides access for some customers and their web
designers to the webservers for the installation, maintenance or update of
software. Kiwi Internet & IT makes no guarantees and takes no
responsibility for the performance (or lack of) for this software. Kiwi
Internet & IT reserves the right to upgrade, remove or alter any software
due to security or performance issues at any time. This could be without
consultation with web customers although, where possible, we will attempt to
notify known users of the scripts of any change. Usage and maintenance is at
the customers own risk.